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3086 ANDERSON DR.tif I TRIPP LAW OFFICE 635 North Broad Street P.O. Box 375 Fremont, NE 6026 -0375 Phone: (402)721 -7790 Fax: (402)721 -7791 Email: atripp@tripplawoffice.com May 6, 2015 I i David Drew, Attorney at Law 1555 Washington Street Blair, NE 68008 RE: Villafranca Vehicle Removal Dear Mr. Drew, i I have received and reviewed your correspondence dated May 4, 2015 relaying concerns with a towed vehicle on Anderson Drive. The nuisance provisions in the Blair Municipal Code do not apply to unlicensed vehicles on a public street or on city right of way. As illustrated on the GIS picture attached hereto, there is an 8' by 10' strip of right of way around the pavement in the location in which the vehicle was parked. The policy for unlicensed vehicles on a public street or on city right of way is to contact the Blair Police Department for removal. In this instance, the Blair Police Department was unable to contact the owner of the vehicle and then it was removed in accordance with the City of Blair policy. Please let me know if you have any questions. i Sincerely, Adam R. Tripp ( #23856) I i DREW LAW FIRM 1555 WASHINGTON STREET - P.O. BOX 462 BLAIR, NEBRASKA 68008 PHONE: 402- 426 -2636 FAX: 402. 426 -2777 I .GREGORY P. DREW - DAVID V. DREW GPDrew @drewlawfirm.net DVDrew @drewlawfirm.net May 4, 2015 Jim Realph 218 South 16 St. Blair, NE 68008 RE: Mr. Jesse and Dr. Ruth Villafranca 3086 Anderson Dr., Blair, NE Dear Mr. Realph: This firm represents Mr. and Dr. Villafranca. This weekend the City Police Department towed and impounded their green pickup which was parked on their property in their yard at 3086 Anderson Drive, Blair, Nebraska. The vehicle was parked on private property with permission and was therefore in compliance with City Ordinances. Vehicles do not meet the Ordinance's definition of a nuisance and no notices have been sent to my clients in this regard. Therefore the City Police Department had absolutely no authority to tow and impound this vehicle. It is therefore demanded that the vehicle be immediately returned to my client without any towing or storage charge. Additionally, the City may explore its remedies against the complainant who wrongfully caused the City to tow this vehicle. Sincerely David V. Drew i CC. Adam T ripp Joe Lager I I' Incident Report Number Blair Police Department 201500311 Reporting off loor Incident Report Form T. Rozeboom Primary I ncident /Offense officeriF T -- Connecting IR Abandoned Vehicle _ Location of Occurrence Location Type Sergeant or Senior Officer on Duty 3000 block Anderson Drive 13 1 pate & 0. 1 Month Day Year Time Date Time Month Day Year Time :: Reported 04 29 2015 0010 Da( .4 Ti o :To ned StotUte/ Charge -Atteinipted.' .Subject, Statute/ Completed 'h Attempted - Complete - Ordinance rdinan'ce,, 5-411 Abandoned Vehicle Completed N/A N/A N/A N/A NIA N/A N/A NIA N/A N/A N/A NA mp Subject# -' Code I Last Name First Name T Middle SSN DOB Villefranca, Jesse, L. 04/23/1949 Home Address city State Zip Code Email Home Phone 3086 Anderson Drive, Blair, NE 68008 Place of Employment city State Zip Code Work Phone Cellular Phone Sex Race Ethnicity Eves Height Weight Hair Relationship OLN/State Summons/Citation M A N/A BRO 60' 110 BLK H12981665 I NE SPbJqct#,] Code Last Name First Name Middle SSN DOB N/A Home Address City State Zip Code Email Home Phone Place of Employment City State ti Zip Code Work Phone Cellular Phone Sex Race Pthnicity Eyes Height Weight Hair Relationship OLN/State Summons/Citation N/A N/A N/A N/A N/A Subject # Code Last Name First Name Middle 88N DO B N/A Home Address city State Zip Code Email Home Phone Place of Employment city State Zip Code Work Phone Cellular Phone Sex Race Ethniolty Eyes Height Weight Hair Relationship OLN/State Summons/Citation NIA NIA N/A NIA N/A I-- � 1 -4 1 Subject# Code Last Name First Name Middle SSN bOB : ]N/A Home Address city State Zip Code Email Home Phone Place of Employment city State Zip Code Work Phone Cellular Phone Sex Race Ethnicity Eyes Helghl Weight Hair Relationship OLN/State Summons / Citation N/A N/A N/A N/A N/A Relationship: If Assault, Sex Offenses, Homicide, Kidnapplog/Abduction, or Robbery, use Relationship to show victim, to offender Revision 2-2015 VEHICLE INFQRMA[!ON INCIDENT REPORT # Code License # >=xp, State Year Make Model /Style Vehicle Inventory S 29 -377 2014 N/A 1971 Chevrolet C10 Pic, Zr ❑Yes ✓L ]No VIN Color Value Hold CE141J622085 Whi -Grn [,✓]Yes [)No N/A r Jesse Villafranca Code License # Exp, State Year Make Model /Style Vehicle Inventory RR N/A I I []Yes [jNo VIN Color Value Hold N/A [Yes (]No Driver Owner :.... INFORMATION EVtD1rNC1: TAQ # Code, ; Prop Qty, "':'Description Property ;Brand Name /Model..;; ; "? ".Serlal,Numbar. " Color Value DesG,,, Ree /stolen N/A N/A N/A N/A NIA N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A If drugs are Included In property; Suspected Drug Type, N/A Typo of Drug Activity, N/A Type of Drug Measurement; N/A Narrative; Report of abandoned vehicle. Officer Peters marked tires and attempted contacting owners, I towed 24 hours later as abandoned. Hold placed for current registration and insurance, I i i Revision 2.2015 I .. I C.y C' _) I POLICE Incident ID: 20150000311 Incident Data Sheet Report oRl Number: N13t1890100 Page; 1 Printed On, 4/29/201611:36 (Wed) Incident ID: 20150000311 Offense Code: City Offenses (80G) Occurred Address: 3000 ANDERSON DR BLAIR, NE 68008 District: Post: Source: Log #: File #: Case #: Situation Found: Disposition: Date Reported: 4/29/2015 00:10 Disp Date: Date Occurred: 4/29/2015 00:10 TO 4/2912015 00:10 Case Status: ACTIVE Status Date: 4/29/2016 00:00 Shooting: ❑ I Domestic Violence: ❑ Hate Crime: Follow -Up; El I Reclassify: ❑ Date Approved By Supervisor: Supervising Officer: i Division: Reporting Officer: ROZEBOOM, TRAVIS # 1133 Date Assigned To Investigator: Investigator Assigned: Synopsis: Report of abandoned vehicle. Officer Peters marked tires and attempted contacting owners. I towed 24 hours later as abandoned. Hold placed for current registration and insurance. Calls For Service CFS #: 201500003480 Call Codes: Dlsp Recd: 4/2812016 23:66 PARKING PROBLEM/COMPLAINT Dispatched: Arrived: 4/28/2016 23 :56 Cleared: 4/2912016 00:69 Dispatcher: LORI ANDERSON Officers Division: Unit Officer(s) TRAVIS ROZEBOOM Supervisor: I I i I i BL AIR I DEPARTMENT I Incident ID: 20160000311 Incident Data Sheet Report ORI Number: NB0890100 Page: 2 Printed On: 4/29/201611;36 (Wed) Associated Names Suspect Vlct/Susp Rel: Name: VILLAFRANCA, JESSE DOB 4/23/1949 Age/Time: 66 Juv; N Sex: M SSN: Race: Asian / Pacific Islander f Home Phone; Work Phone: Other Phone: Arrest# FBI SRI: Istate Appr Appr By: Charges: _ i Circumstance; , Visitor: ❑ Military: ❑ Police Dept Associate: ❑ Justif, Homicide: Follow -Up: Weap: Injured: ❑ Reasons for Treatment: Treated: ❑ Voluntary; ❑ Hospital: Physician: Transported By; Confined: ❑ Refused Admission: ❑ Sent Home: ❑ Condition; Other Action: Injuries Breath Test; ❑ Blood Test: ❑ Refused Test: ❑ Test Results: I Drivers License State: NE Expiration: Number: H12981666 Primary Address: 3086 ANDERSON DR BLAIR, NE 68008 Primary Mailing: Second Address: Second Malting: Comment; i Vehicles Plate: 29377 State: NE Make CHEV Model C10 olor: Year: 1971 Involvement: OWN VIN Owner Notified By: Owner Notified On: Person Notified: Returned By: Returned On; Safety Sticker Expiration: Weight Tax Paid Through: Insurance Co; Policy # Expiration: I I Comment: I i I i BLAIR POLICE Incident ID: 20150000311 Incident Data Sheet Report ORI Number: NBO890100 Page: 3 Printed On: 4/29/201511 :36 (Wed) I I I I i i I I i i I i i BLAIR POLICE T T Incident ID: 20150000311 Incident Data Sheet Report ORI Number: N80890100 Page' 4 Printed On: 4/29/201611:36 (Wed) N arrative i Created Date: 4/29/201611:27 8y :RWILKINS Date Updated: 4129/201611:29 ray; RWILKINS Title: 2016.00311 Locked: Q Text: Case# :2015 -00311 Officer: T. Rozeboom B -17 j Narrative: On 04/29/2015 I was working uniformed road patrol driving marked Unit 105. At approximately 0010 hours I went to check on a reported abandoned vehicle that Officer Peters informed me of. The pass on information I received was that Blair City Hall had asked her to deal with an abandoned older truck parked on city right of way in the 3000 block of Anderson Drive. Officer Peters located the truck and identified it as having expired NB plate 29 -377 affixed to it. Officer Peters marked the vehicle tires at 1925 hours on 04/27/2015 and attempted contacting the registered owner at a nearby house. A neighbor came out and said that the owners j of the vehicle were out of town and no one had seen them in a while. I attempted contact at the registered owners' residence, Lights were on and vehicles were in the driveway. No one answered. Since the vehicle had expired plates and was parked on city right of way for over 6 hours, I had the vehicle impounded as an abandoned vehicle, I placed a hold on it for current registration and Insurance. Jonesyrs Towing arrived and towed the vehicle to our impound lot. Case Status: Cleared by arrest Typed By: T. Rozeboom B -17 Date Typed; 04/29/2015 I i I I i i I, i �. .. LAIR POUCE EPARTMENT Blair, NE 68008 9 402.426 -4747 VEhictE MpouNd SKEET CITATION N'U'MBER: CASE 0: _ 1 JJ��, i DATE: C �� TIME: �o C HARQE /REASON: / &(40W VEHICLE: MADE: ~� MO DEL: YEAR: COLOR: LICENSE: STATE: I /I;-... T , PLATE: / / (�X1� / V.I, OWNER' _ V ��7 1 Gl�f� Ll/i ADDRESS: "ba i'ihEii"n i i DRIVER: ADDRESS: ARRESTED PARTY: ADDRESS: LOCATION VEHICLE PICKED UP: 300 O �� Th��UY� �//' MILEAGE: i Ho L YES NO REASON: LIC, DRIVE NSURANC GIST / STOLEN / EVIDENCE / OTHER: t9 CONDITION CO NDITION FRONT END FEAR LF SIDE RADIO/STEREo _) i RF SIDE INTERIOR HOOD GLASS TOP (CONDITION SYMBOLS ) (1) GOOD (2) PAIR (3) POOR (4) TOTAL DAMAGE I DOORS LOCKED: Y / N TRUNK LOCKED. Y / N D AMAGR TO STEERING COLUMN: Y / N DISPOSITION OF KEYS: ( KEYS IN VEHICLE ( KEYS WITH DRIVER ( KEYS SECURED WITH POLICE ( � KEYS WITH 3RD PARTY ��NO KEXS IN VEHICLE PROPERTY IN VEHICLE : i i SYNOP G hV m G��wl�lMP l� C )GZ G� �� / / f (e - rtior'd 4, .�L al4mdmd. A4 'MW�0 &K REPORTING OFFICER: -- Aft TOWED TO' L � ARRIVAL TOW TRUCK DRIVER & COMPANY: ilC / / a vAg DATE: I TIME: CITY IMPOUND LOT PHONE NUMBER 402 426 -9661 ADDITIONAL IMPOUND CHAROFS $ i Brenda Wheeler i From: Joe Lager Sent: Monday, May 04, 2015 2:06 PM To: PCGreen @ci.blair.ne.us; rodneys @ci.blair.ne.us Cc: Brenda Wheeler; Adam Tripp Subject: TOWED CAR Attachments: 20150504131614421.pdf; 20150504133209710.pdf See Brenda, this is what happens when we do our jobs. See attached. Brenda received a complaint, vehicle was on city right of way according to GIS. We marked the tires, tried to contact owner then towed. j i Joseph Lager Chief of Police Blair Nebraska I I I I i i i i � tAiR OtiCE E A TMENT P , Blair, NE 68008 o:402-426-4747 VE�4iC�.E M ®URdd MEET CITATION NUMBER: CASE / DATE: TIME: � � 00 1 0 CHARGE /REASON Abmhuj yW�le 5 — VEHICLE: MAKE: 6 lam G - MODEL: ( /�� Pll�l YEAR; I COLOR: Wki r Al r y 2� � J / LICENSE: STATE: 0'V P'` ' PLATE: r� / � ✓ / / t r P ) / V.I.N.: OWNER: `/Y'SS� IIGLII9fV1G ADDRESS: 1966 Afv �)rl DRIVER: ADDRESS: ARRESTED PARTY: ADDRESS: LOCATION VEHICLE PICKED UP: _ 3000 4V , Oar dP ^ MILEAGE: Ho L .YES NO REASON: LIC. DRIVE NSURAN GIST / STOLEN / EVIDENCE / OTHER: L C 5S CONDITION CONDITION j FRONT END REAR LF SIDE RADIO /STEREO RF SIDE INTERIOR HOOD GLASS Top (CONDITION SYMBOLS) (1) GOOD (2) FAIR (3) P OOR (4) TOTAL DAMAGE DOORS LOCKED: Y / N TRUNK LOCKED: Y / N DAMAGE TO STEERING COLUMN: Y / N DISPOSITION OF KEYS: ( ) KEYS IN VEHICLE ) KEYS WITH DRIVER ) KEYS SECURED WITH POLICE KEYS WITH 3RD PARTY ( NO KEYS IN VEHICLE j PROPERTY IN VEHICLE: ` I SYNOPSIS: ( HU• 00&d m AWIk &A A(4 G /r - 11P11 5 1[ 5 v 1Id -) A o r' d eland . AU4 Atitr Air, REPORTING OFFICER: TOWED To , 1. T t r t � ^ (� ARRIVAL V TOW TRUCK DRIVER & COMPANY: i)C / / N1II" XiW DATE `` - TIME: Oda CITY IMPOUND LOT PHONE NUMBER 402 - 426 -9661 ADDITIONAL IMPOUND CHARGES $ i I I I i I � z co W CL = zo m o o cn 0 J W c W Q U O Z -j (0 D a d 09 Y H t z o 00 0 I-- p Q1 z a4 Z W 0 LU a oa W o O ► - a � U A wg W O ° o 0 0 Y c c U = Q w W N 0 6 0 O a ti z -� o ° a a ° z O ul O p ° a� In u) O T a = ooc�n� a. w OC m 0 0 z m V o ov N ° M U a d = a> O ca o m w m Q LL °' ° o O N � r w w tom- N N N O H r Z W W ep LO o d W LO w le C,4 V ° 0 0 0 o z -� ZQ0 N o N N N d ® c h h ti Q d Y c co N N N S D co N O O O 0 � U� F- E O - a o ) �, 'N Z W� O. U C N Z z LL V '� S N Y Z U) (q o a c c m a�i y `m ® Q Z (3 b o o ~°° a u_ D M 'k (L) cL m a Q u Q Q C) Q Q Q U Q Q U I I